DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uniting NSW.ACT
(AG2019/4556)

UNITING EARLY LEARNING NSW & ACT ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER YILMAZ	MELBOURNE, 26 FEBRUARY 2020

Application for approval of the Uniting Early Learning NSW & ACT Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Uniting Early Learning NSW & ACT Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Uniting NSW.ACT. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Independent Education Union of Australia and the United Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and in accordance with s.54, will operate from 4 March 2020. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Uniting NSW.ACT is the applicant seeking approval for the Uniting Early Learning NSW & ACT Enterprise Agreement 2019. The dispute was heard in the Fair Work Commission. The applicant sought to have the agreement, which was made between the employer, Uniting NSW.ACT, and the trade union, the National Union of Workers, approved under the Fair Work Act 2009. The agreement aimed to establish the terms and conditions of employment for early learning educators and support staff within the Uniting Early Learning NSW & ACT service.

The central legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. The court had to consider whether the agreement was appropriately negotiated, provided adequate protections for employees, and complied with the requirements for simplification and clarity. The court also examined if the agreement included provisions for resolving disputes and ensuring fair treatment of employees. The court's role was to ensure the agreement was fair and balanced, providing adequate protections for employees while not being overly prescriptive or burdensome for employers.

The court found that the agreement was appropriately negotiated and met the necessary criteria for approval. The agreement provided adequate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The court also noted that the agreement was clear and concise, meeting the requirements for simplification. The court approved the agreement, emphasising its balanced approach and the protections it offered to employees within the Uniting Early Learning NSW & ACT service. The court's decision ensures that the agreement can now be implemented, providing a stable and fair framework for employment within the service.

The final orders of the court were that the Uniting Early Learning NSW & ACT Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009. This approval allows the agreement to take effect and govern the employment terms and conditions for the relevant employees. The court's decision provides clarity and certainty for both the employer and employees, ensuring a fair and balanced agreement that meets the legislative requirements.

Uniting NSW.ACT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established